New South Wales Consolidated Acts

PRIVACY AND PERSONAL INFORMATION PROTECTION ACT 1998 - SECT 36

36 General functions

(1) The Privacy Commissioner has such functions as are conferred or imposed on the Commissioner by or under this or any other Act.

(2) In particular, the Privacy Commissioner has the following functions--

(a) to promote the adoption of, and monitor compliance with, the information protection principles,

(b) to prepare and publish guidelines relating to the protection of personal information and other privacy matters, and to promote the adoption of such guidelines,

(c) to initiate and recommend the making of privacy codes of practice,

(d) to provide assistance to public sector agencies in adopting and complying with the information protection principles, privacy codes of practice and the mandatory notification of data breach scheme,

(e) to provide assistance to public sector agencies in preparing and implementing--

(i) privacy management plans under section 33, and

(ii) data breach policies under section 59ZD,

(f) to conduct research, and collect and collate information, about any matter relating to the protection of personal information and the privacy of individuals,

(g) to provide advice on matters relating to the protection of personal information and the privacy of individuals,

(h) to make public statements about any matter relating to the privacy of individuals generally,

(i) to conduct education programs, and to disseminate information, for the purpose of promoting the protection of the privacy of individuals,

(j) to prepare and publish reports and recommendations about any matter (including developments in technology) that concerns the need for, or the desirability of, legislative, administrative or other action in the interest of the privacy of individuals,

(k) to receive, investigate and conciliate complaints about privacy related matters (including conduct to which Part 5 applies),

(l) to conduct such inquiries, and make such investigations, into privacy related matters as the Privacy Commissioner thinks appropriate,

(m) to investigate, monitor, audit and report on a public sector agency's compliance with Part 6A, including the agency's data handling systems, policies and practices.

(3) The Privacy Commissioner must consult with the Information Commissioner before preparing any guidelines concerning the information protection principle set out in section 18 (Limits on disclosure of personal information).